EXISTENCE OF UNTOUCHABILITY

**Executive Summary** This document discusses the existence of untouchability in India, as addressed by the Constitution and relevant laws such as the Protection of Civil Rights (PCR) Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989. The National Crimes Record Bureau (NCRB) compiles and publishes statistical data on crimes related to untouchability, with reports available until 2023. The document also highlights the roles of various governmental bodies in monitoring and implementing these acts. **Key Points / Main Content** * **Legal Framework:** * Article 17 of the Constitution of India abolishes untouchability and forbids its practice. * The Protection of Civil Rights (PCR) Act, 1955, prescribes punishment for enforcing disabilities arising from untouchability. * The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, prevents atrocities against members of SCs and STs. * The SC/ST (PoA) Act, 1989 was amended in 2016 and 2018. * **Monitoring and Implementation:** * A Central level Committee reviews the implementation status of the PCR Act, 1955 and the PoA Act, 1989, in States and Union Territories. * The Department holds regular meetings with State Governments and UT Administrations to monitor implementation. * State Governments/UT administrations are advised to prevent discrimination on the basis of caste. * The Government of India issues advisories to State Governments/UT Administrations for effective implementation. * **Crime Statistics:** * The NCRB compiles and publishes data on crimes in its publication 'Crime in India'; reports are available until 2023. * For 2023, 24 cases of untouchability against SCs and STs were reported under the PCR Act, 1955. * 3,07,355 cases are pending in court under the SC/ST (PoA) Act, 1989, and 965 cases are pending under the PCR Act, 1955. **Impact Analysis** **Union Minister for Social Justice and Empowerment and Union Minister for Tribal Affairs** * **Impact:** They are responsible for chairing the Central level Committee and overseeing the review of the implementation status of the PCR Act and PoA Act. * **Action Required:** To continue to review and improve the implementation and effectiveness of the Acts. **Members of the Central Level Committee** * **Impact:** Responsible for providing expertise and contributing to the review of the implementation status of the PCR Act and PoA Act. * **Action Required:** To actively participate in the review process, providing insights and recommendations for improvement. **State Governments/UT Administrations** * **Impact:** Responsible for implementing the PCR Act and the PoA Act within their jurisdictions and preventing discrimination based on caste. * **Action Required:** To ensure the effective implementation of the Acts, prevent discrimination, and act as per relevant legal provisions in cases of misuse. **Scheduled Castes (SCs) and Scheduled Tribes (STs)** * **Impact:** The laws and their enforcement directly affect their rights and protection against discrimination and atrocities. * **Action Required:** To report instances of discrimination or atrocities and seek legal recourse under the PCR Act and the PoA Act.

Key Entities Referenced